Rent Control - City of Santa Monica

November 2007

Rent Control News is published by the Rent Control Board of the City of Santa Monica

UPCOMING DECEMBER 6 WORKSHOP:
Disability Issues in Rental Housing

In April of this year, the Apartment Association of Greater Los Angeles (AAGLA) and the City Attorney’s office teamed up for the first time to provide Santa Monica with a workshop on state and federal fair housing laws that prohibit housing discrimination. The workshop’s 75 participants—including landlords, property managers, tenants, advocates, social service providers, and attorneys—received a morning’s worth of perspective from a diverse panel of speakers and from one another on dozens of fair housing issues. One issue quickly emerged as the hottest and most compelling: reasonable accommodations and modifications for tenants with disabilities. What is an accommodation? What is the difference between an accommodation and a modification? When are they required? What is reasonable? And if there are costs, who pays?

Based on the success of the April workshop and to cover disability-related topics in more detail, the City Attorney’s office announced that its Consumer Protection Unit and AAGLA will sponsor a second joint workshop in Santa Monica. Disability Issues in Rental Housing will be held on December 6, 9:00 a.m – 12:30 p.m. at the Santa Monica Main Library. (Registration begins 8:30 a.m.) Workshop information and registration instructions are at www.smconsumer.org. (For those without internet access, call 310-458-8345).

Here is a preview of the workshop’s focus: Reasonable accommodations and reasonable modifications help persons with disabilities obtain and remain in affordable housing units. The federal and state law requirements apply to all private landlords and housing providers, as well as public housing authorities and other government-subsidized housing.

The reasonable modification rule is different from accommodations and applies when a tenant seeks to pay for a physical alteration of the premises. A classic example of a reasonable modification is when, with landlord approval, a tenant who uses a wheelchair pays for the addition of a wheelchair ramp in the apartment building.

On the other hand, reasonable accommodation rules apply when a tenant seeks a change in a landlord’s policies or practices, such as allowing a service or companion animal despite a no-pets policy. An accommodation to a rule or policy must be made if the tenant or applicant with a disability needs the accommodation to be able to enjoy and use the dwelling just like any other tenant. Common examples of accommodations, in addition to allowing service animals, include apartment transfers, parking spaces and caregivers. Landlords do not have to grant unreasonable requests that will be too expensive or impose an undue burden. For example, while one companion animal may be a reasonable accommodation, insisting on two or more may be unreasonable.

Nearly all reasonable accommodation and modification issues are worked out between landlords and tenants without resorting to lawyers and lawsuits. The goal of the Disability Issues in Rental Housing workshop will be to provide Santa Monicans with more information on these and other disability-related topics so they can use discussion, negotiation and mediation to resolve issues before resorting to the courts. In addition to www.smconsumer.org, other internet resources include www.fairhousing.com, www.lsnc.net, www.ada.gov, and www.bazelon.org. In particular, at www.lsnc.net/fairhousing_resources.html#disability, one can find links to virtually all disability in housing resources including sample accommodation request letters and sample policies.

Rent Control Employees Do Not Solicit Funds Door-to-Door

The Rent Control office has been contacted by tenants who have had people knock on their doors soliciting funds to support rent control. The Rent Control Board and Administrator want residents to know that people going door-to-door and discussing rent control are not employed by the Rent Control Board. Rather, they are from a political organization and are not answerable to the Board in any way.

If a Rent Control employee has business at your home, he or she will display a City badge and will never solicit funds.

Santa Monica Bolsters Tenant Relocation Law

Santa Monica’s tenant relocation ordinance was recently revised to update benefits provided to tenants and improve fairness for both landlords and tenants. Effective July 12, 2007, the City Council made changes to both permanent relocation and temporary relocation provisions of the law.

PERMANENT RELOCATION
Permanent relocation assistance is a fee landlords must pay to tenants forced to permanently move out of their homes due to no fault of their own. The most common reasons for these evictions are the landlord or a close relative is moving into the rental unit (owner-occupancy) or the landlord is taking the building out of the rental market (Ellis Act);

The fees are based on the size of the residential unit and are increased by special circumstances. The City Council increased the fees to account for inflation and they will automatically increase each July 1.

The new relocation fee amounts, effective July 12, 2007, are:

Single $5,300	Three bedroom $9,300
One bedroom $6,650	Four or more bedrooms $9,750
Two bedroom $7,500

The fee is increased by $1,500 if any displaced tenant is 62 years or older, or disabled, or has a child under 18, and lived in the unit before November 17, 1999.

These new higher amounts must be paid to all eligible tenants who move out after July 12, 2007, even if an owner filed for an Ellis Act withdrawal or served a notice of eviction before July 12, 2007. The fee is paid in one check and must be divided among all the tenants in the unit.

The landlord must give tenants forced to move proper written notice as well as a "Notice of Tenant Relocation Assistance and Statement of Rights" on a City-provided form.

TEMPORARY RELOCATION
Temporary relocation assistance pays tenants’ living expenses when forced to vacate temporarily due to fumigation, code violations that render the unit uninhabitable or extensive repair work that requires the tenant to vacate.

Under the revised ordinance, the landlord no longer makes arrangements for the tenant to stay in a specific hotel or motel. The City Council established daily rates for temporary relocation benefits to provide certainty for all parties and to eliminate disagreements over housing arrangements. Effective July 12, 2007, for relocations of 30 days or less, landlords must pay a flat fee for housing, meals, laundry and accommodations for lawful pets for each day the tenant is displaced.

The new fees are:

$135/day for housing;
$25/day per person for meals;
$25/day for boarding a cat; $45/day for boarding a dog; and actual boarding costs for all other pets.

A tenant is not entitled to benefits if the tenant or a guest was primarily responsible for causing the problem that led to the displacement.

If a temporary relocation will be for more than 30 days, the owner must locate a comparable rental unit for the tenant. This aspect of the law was not changed.

The revised ordinance doubles the fines for criminal violations of the law from $500 to $1,000.

Handouts with many more details about Permanent and Temporary Relocation Assistance are available at the Rent Control office or on our website at www.smgov.net/rentcontrol. The entire law, Chapter 4.36 of the Municipal Code may be found on "Other Sites of Interest" on the Rent Control home page.

If you have questions about the relocation law or need assistance in obtaining relocation benefits, call the Rent Control office at (310) 458-8751.

Tenants in controlled rental units have eviction protections and can only have their tenancy terminated for specific reasons listed in the Rent Control Law. In situations where the tenant is not at fault, they are entitled to relocation benefits.

TENANT SEMINAR: December 3, 2007

Rent Control staff will present a free seminar on Monday evening, December 3. Previous presentations of this seminar have been well attended and well received. Participants learn about issues of interest to tenants and receive a booklet summarizing the topics covered as well as informational handouts. All interested persons are welcome to attend.

The following topics will be discussed:

What is rent control?

What rent must be paid?

What amenities are included in the rent?

What maintenance must the owner do?

What remedies are available for rent, amenity and maintenance issues?

What are the eviction protections of rent control?

What services are available through the Rent Control Office?

The presentation will be followed by a question and answer session.

December 3, 2007, 6:30 p.m. to 9:00 p.m.
Santa Monica Main Library, 601 Santa Monica Blvd.
Multipurpose Room
Parking available at the library for 50 cents each half hour.

SEMINAR REGISTRATION: Call Norma Diaz at 310-458-8751
or email rentcontrol@smgov.net

OWNER SEMINAR: January 15, 2008

Rent Control staff will present a free two-and-a-half hour seminar geared toward new owners of Santa Monica rental property, and open to all interested persons. Attendees will learn basic information about the Rent Control Law with a focus on avoiding common pitfalls. Participants will receive a booklet summarizing the Rent Control topics covered, as well as informational handouts.

Topics include:

Rents and amenities, including calculation of the annual rent increase

Maintenance of rental property

Eviction limitations

Restrictions on change of use

Services available through the Rent Control Office

A question and answer session will follow the presentation.

January 15, 2008, 6:30 p.m. to 9:00 p.m.
Santa Monica Main Library, 601 Santa Monica Blvd.
Multi-Purpose Room, 2nd floor
Parking available at the Library for 50 cents each half hour.

SEMINAR REGISTRATION: Call Norma Diaz at 310-458-8751
rentcontrol@smgov.net

Future Seminars
Owner and tenant seminars are scheduled several times a year, some in the evening, others in the morning. Watch the Rent Control website or contact the Rent Control office in early 2008 for future seminar announcements.

DVD of Owner Seminar

A DVD of the owner seminar presented in January 2007 is available at the Rent Control Board offices for $10.00. Included with purchase is a copy of the Power Point Slide booklet for the seminar.

Community Corporation of Santa Monica to Create New Affordable Housing List for 2008:
Sign up Begins in December

Community Corporation of Santa Monica (CCSM) is a non-profit organization committed to providing affordable housing to limited income individuals and families. Each January, CCSM creates a new list of income-qualified people seeking affordable housing in Santa Monica. Persons on the 2007 list must reapply to be on the 2008 list.

The first step in the process is to pick up an appointment card at 502 Colorado Avenue in Santa Monica between December 10 and January 3. This appointment card is needed to attend a seminar from January 7 - 17. (Appointment cards will not be distributed December 21, 24, 25 or January 1). At the seminar, CCSM representatives will assist prospective applicants in completing questionnaires. After the 2008 list is compiled, CCSM will notify prospective applicants when vacancies become available that match a household’s size and income level.

Please note that this year’s appointment card distribution and the seminars are at a new location: First floor Community Room, 502 Colorado Avenue.

For more information on CCSM and to see photos of some of their buildings, visit www.communitycorp.org

UPDATE: Appointment cards will be distributed by CCSM Mondays through Thursdays only.

MAY WE HELP YOU?

Are you a tenant who wants to know the legal rent for your unit? Or an owner who wants to obtain a triplicate form to register a new tenancy?

When you have questions about the Santa Monica Rent Control Law, Rent Control staff are ready to discuss them with you. No recordings, no "press a number followed by the pound sign." The people who can usually answer your questions are the Rent Control Board's Information Coordinators. Trained in all aspects of the Rent Control Law, these staff members can explain specific information about a property or rental unit, provide forms and procedures for rent control processes and answer questions about the rights and responsibilities of owners and tenants. For Spanish-speaking tenants and owners, bilingual staff are available, many forms are available in Spanish and the Board’s website is available in Spanish.

If an Information Coordinator cannot answer your question, they'll recommend other places where you can seek answers.

Call (310) 458-8751 or come to the Rent Control office. Phone and office hours are detailed on page 4.

SAVING WATER: Take the 20 Gallon Challenge

In spite of this past year’s record drought, most of us seldom give a thought to the larger issue of water. We turn the faucet and water flows. But Santa Monica receives only a tiny part of the water we need from local supplies. Recent news reports predict a dire situation for the Southland in the months and years ahead. Santa Monica imports 90% of its water from sources in Northern California and, to a lesser degree, the Colorado River--resources that are diminishing due to population growth, climate change, and legal and regulatory constraints on water deliveries to Southern California.

The City of Santa Monica has joined a region-wide effort to reduce water use, promoting the "20 Gallon Challenge" to urge individuals to take steps to conserve this precious resource.

Saving 20 gallons of water a day may seem to be a daunting challenge until the amount of water used for various tasks is known. Knowing that 2.5 gallons of water streams out of a typical faucet each minute may provide the incentive to shorten a shower or to turn off the water after wetting your toothbrush. Perhaps a full basin of water is not needed to wash a few dishes or hand washables. And for all of these tasks, a lower flow from the faucet (accomplished through installing inexpensive aerators) may be just as effective as the rushing stream we have used previously.

SIMPLE STRATEGIES FOR SAVING WATER INDOORS	POTENTIAL SAVINGS
Run the dishwasher only when full.	2.5 gallons per load
Fill the sink to hand wash or rinse dishes.	2.5 gallons per minute
Don’t use the toilet as a wastebasket.	2 gallons per flush
Wash only full loads of clothes.	15-50 gallons per load
Fix leaky toilets and faucets.	15-50 gallons per day
Install aerators with flow restrictors on all 5 gallons per day sink faucets.	5 gallons per day

STOPPING LEAKS: Tenants May Be the First To Know
It’s astounding to think that a faucet dripping 60 drips per minute wastes 192 gallons per month and can likely be repaired with a simple faucet washer. A leaky toilet can use more than 1,500 gallons in a month’s time. Tenants can join with owners to save water by reporting leaks. A toilet can be checked for a silent leak by putting 2-3 drops of food coloring in the toilet tank. If, without flushing, the color begins to appear in the bowl within 30 minutes the toilet has a leak that needs prompt repair.

A broken sprinkler head can waste 20 gallons of water a day. A hose leaking at the connection to the spigot is wasted water. Be sure and notify the building manager or owner if you see any type of water leak in your unit or on the property, however small it may seem.

REPLACING CLOTHES WASHERS AND TOILETS
Owners may want to consider replacing older inefficient clothes washers, potentially saving 20-30 gallons per load or older high-volume flushing toilets to save two to four gallons per flush. Rebates are available on certain clothes washers and toilets used in apartments or common areas. For rebate information, visit www.mwdsaveabuck.com or call toll-free (877) 728-2282.

OUTDOOR WATER USE: A Big Focus of the 20 Gallon Challenge
Landscape irrigation and other outdoor water use account for about half of the water used in Santa Monica and deserve close scrutiny for water conservation. The City has excellent information available on landscape water savings and other outdoor water reduction tips. For more ideas to save water in and around your residence, visit www.smepd.org or www.h2ouse.org or call toll-free (866) 728-3229.